1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a person who runs a construction business under the trade name of “D,” and the Defendant is a company that runs a soil construction business or a housing construction business, and the Plaintiff’s successor changed the trade name on July 27, 2010 from “E” to “B stock company.”

B. Around October 2009, the Plaintiff’s succeeding intervenor entered into a contract with CMC Co., Ltd. (hereinafter “CM”), for the construction of neighborhood living facilities and sales facilities on the land of the FF large of 703 square meters in Yeongdeungpo-gu, Young-gu (hereinafter “instant construction”). Around that time, the Plaintiff’s succeeding intervenor entered into a subcontract for part of the instant construction to the Defendant.

C. On November 1, 2009, the Plaintiff entered into a contract with the Defendant for the re-subcontracting of KRW 247,500,000 (including value-added tax) of the construction contract amount to the construction period from November 6, 2009 to January 30, 2010 (hereinafter “the first re-subcontracting construction contract”), and the Plaintiff completed the said re-subcontracting construction around January 201, 201.

Dong-dong Construction Co., Ltd. was awarded a contract for the construction of the construction of the construction of the construction of the construction of the Kuung-gu G, and then sub-subcontract it to the defendant at that time.

On July 1, 2010, the Plaintiff entered into a contract with the Defendant on September 30, 2010 under which the construction of soil and rock facilities among the said new G construction works was re-subcontracted from the Defendant to the construction period of KRW 253,00,000 (including value-added tax) (hereinafter “the second sub-subcontract construction contract”), and the Plaintiff completed the said sub-subcontract work on September 2010.

E. Meanwhile, from July 1, 2009 to June 1, 2010, the Plaintiff was paid KRW 45,000,000 on three occasions as the construction price for the first re-subcontract from the Defendant.

F. On November 17, 2011, the Plaintiff re-subcontracted the first re-subcontract as Incheon District Court Decision 2011Kahap993.